Dream Massage has engaged Janice to work as an independent contractor hence she does not receive tax withholding or employment benefits. However, the major issue that arises revolves around the idea whereby the organization requires Janice to work a set schedule while at the same time providing her clients and all her massage products. Dream Massage also exercises overall control over how Janice does her work. Additionally, during her first day at work, Dream Massage required that Janice refrain from wearing her hijab since it violated the dress code policy of the company. In this case, the paper discusses as to whether Janice is properly classified as an independent contractor and whether any potential liability prevails regarding the hijab. It starts by evaluating whether Janice qualifies as an employee or she should be classified as an independent contractor. It then discusses whether Dream massage has potentially violated any employment discrimination laws. It ends by analyzing the ethical considerations that are associated with the maintenance of a rigid company dress code policy.
On whether Janice serves as an independent contractor, Dream Massage has not classified her properly. The organization has engaged her as an independent contractor meaning that she does not receive tax withholding or employment benefits. This meets Janice’s criteria as an independent contractor since the company leaves her with the responsibility of catering for her own taxes. Independent contractors are required to fill the W9 Form and not focus on the withholding taxes for the contractors they relate with. Independent contractors are required to understand their tax duties by paying the self-employment tax. Additionally, Dream Massage does not provide Janice with employment benefits. Independent contractors cannot receive conventional benefits, including stock options, health insurance, or retirement plans. They are also not offered similar legal protections pertaining to anti-discrimination, unemployment, or employees’ compensation as it is the case with employees. However, they might receive benefits, such as basic insurance embodied into their contracts to safeguard them against legal issues (Fishman, 2017) . Here, it is apparent that Dream Massage observed guidelines pertaining to hindering Janice from receiving tax withholding and employment benefits, which serve as among the requirements for independent contractors.
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Nevertheless, various instances prevail whereby Dream Massage failed to classify Janice as an independent contractor properly. When it comes to independent contractors, they usually operate their individual enterprises meaning that they might serve as sole proprietors or incorporate their business. They usually offer specialized services, although they can decide to work for several employers. In this case, the kind of relationship that Dream Massage and Janice should have is one of a business-to-business. However, it appears that Dream Massage is treating Janice as an employee, which might lead the organization face the risk of misclassification. This evident where the organization sets the schedule with which Janice should work while at the same time exercising overall control in terms of the manner in which she works. Moreover, Independent contractors should have the ability of marketing the services that they provide openly. They should be provided with the opportunity of marketing the services that they offer. The contract does not mean Janice should not seek other clients (Perritt, 2018) . In this case, Dream Massage fails to meet this requirement when it provides Janice with clients as well as the massage products for undertaking her work.
In the case of Janice, Dream Massage has not potentially violated any employment discrimination laws. The reason for this is that independent contractors are not regarded as employees. The relationship that Janice has with Dream Massage is one of business-to-business. In this case, whereas she faces unending pressures, such as the company requiring her to work on a set schedule, offer her with clients and products, as well as exercising overall control regarding the manner in which Janice works, she cannot file for employment discrimination. Rather, when looking as her condition, when while she might not have the ability of bringing discrimination claims against Dream Massage, Janice can consider claiming for business discrimination (MBO Partners, 2017) . The reason for this is that her relationship with Dream Massage is one of business-to-business, whereas Dream Massage exercises control over her practices, which discriminates her operations as an independent contractor.
When it comes to the dress policies, Dream Massage needs to understand that they do not apply to independent contractors. Independent contractors should not be subjected to various restrictions, rules, or limitations. Doing so would lead them to claim to serve as employees in the event that they are fired. Furthermore, hindering Janice from wearing a hijab while at work would be against the independent contractor requirements (Perritt, 2018) . In this perspective, the ethical issue that emerges relates to hindering Janice from exercising her role as an independent contractor within the organization. As such, the organization would be regarded as failing to honor its contractual obligations.
Overall, Dream Massage cannot be considered as classifying Janice as an independent contractor properly. Aside from the receiving no tax or employment benefits, the organization requires that Janice follow all the other company requirements, such as setting a schedule for her to work, providing her with clients and products, exercising total control on how she works, as well as requires her to follow the dress code policy of the company. All these cases relate to an employee as opposed to an independent contractor. Janice various restrictions while working at Dream Massage. In this perspective, therefore, whereas the organization cannot be considered as having violated any employment discrimination laws, it has failed to honor the independent contract relationship, which would lead Janice to claim for business discrimination.
References
Fishman, S. (2017). Working with independent contractors. Berkeley, CA: Nolo.
MBO Partners. (2017). Independent contractors vs. employees: 10 differences you need to know. Retrieved from https://www.mbopartners.com/blog/10-differences-between-independent-contractors-and-employees
Perritt. (2018). Employment law update, 2018 edition. Alphen aan den Rijn: Wolters Kluwer Law & Business.
